著者

宮永 孝

出版者

法政大学社会学部学会

雑誌

社会志林 = Hosei journal of sociology and social sciences (ISSN:13445952)

巻号頁・発行日

vol.68, no.1, pp.1-61, 2021-07

著者

津田 正太郎

出版者

法政大学社会学部学会

雑誌

社会志林 = Hosei journal of sociology and social sciences (ISSN:13445952)

巻号頁・発行日

vol.65, no.4, pp.19-36, 2019-03

著者

津田 正太郎

出版者

法政大学社会学部学会

雑誌

社会志林 = Hosei journal of sociology and social sciences (ISSN:13445952)

巻号頁・発行日

vol.68, no.2, pp.97-133, 2021-09

著者

津田 正太郎

出版者

法政大学社会学部学会

雑誌

社会志林 = Hosei journal of sociology and social sciences (ISSN:13445952)

巻号頁・発行日

vol.65, no.3, pp.25-54, 2018-12

著者

宮永 孝

出版者

法政大学社会学部学会

雑誌

社会志林 = Hosei journal of sociology and social sciences (ISSN:13445952)

巻号頁・発行日

vol.68, no.4, pp.1-50, 2022-03

著者

津田 正太郎

出版者

法政大学社会学部学会

雑誌

社会志林 = Hosei journal of sociology and social sciences (ISSN:13445952)

巻号頁・発行日

vol.66, no.3, pp.169-193, 2019-12

著者

津田 正太郎

出版者

法政大学社会学部学会

雑誌

社会志林 = 社会志林 (ISSN:13445952)

巻号頁・発行日

vol.59, no.4, pp.57-75, 2013-03

著者

山田 唐波里

出版者

法政大学社会学部学会

雑誌

社会志林 = Hosei journal of sociology and social sciences (ISSN:13445952)

巻号頁・発行日

vol.68, no.1, pp.1-43, 2021-07

著者

宮永 孝 Miyanaga Takashi

出版者

法政大学社会学部学会

雑誌

社会志林 (ISSN:13445952)

巻号頁・発行日

vol.51, no.4, pp.1-36, 2005-03

著者

津田 正太郎

出版者

法政大学社会学部学会

雑誌

社会志林 (ISSN:13445952)

巻号頁・発行日

vol.65, no.4, pp.19-36, 2019-03

著者

宮永 孝

出版者

法政大学社会学部学会

雑誌

社会志林 = Hosei journal of sociology and social sciences (ISSN:13445952)

巻号頁・発行日

vol.69, no.3, pp.1-81, 2022-12

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This essay is comprised of the following sections. Preface 1) The course of the centralization of administrative power 2) The preparatory stage of the Imperial Constitution 3) The Emperor Meiji and his politics 4) Compilation of the new government Penal Code. Lese-majesty (不敬罪) text as prepared by Boissonade. 5) Two Tokyo University professors discharged due to disrespectful nature 6) The Annals of Lese-majesty in Japan from the Meiji period until the Heisei era 7) The origins of affair, the number of cases and persons indicted for Lese-majesty over/during a 150 year period 8) The beginning and the repeal of the bad law. PostfaceThe Imperial Family was the head house (宗家) in Japan whose central person, the Emperor, was a living god who governed the Empire for thousands of years. The revised Criminal Code prescribed in 1940 ordained offenses against the Imperial Family as follows:Article 154 ……………… One who inflicts an injury on the Emperor or attempts to do harm him deserves the death penalty (死刑).〃 155 ……………… One who is disrespectful to the Emperor deserves more than 2 years of penal servitude.〃 156 ……………… One who defiles Dai-jingū (i.e. The Grand Shrine in Ise) deserves more than 2 years of penal servitude.〃 157 ……………… One who defiles the Imperial tomb (御陵) deserves one year of penal servitude.〃 158 ……………… One who inflicts an injury on the Prince Regent (摂政) or attemps to harm him deserves the death penalty.〃 159 ……………… This law also applies to the Empress Dowager, the Empress, the Prince Imperial, the Crown Princess and the eldest grandson of an Emperor.〃 160 ……………… One who inflicts an injury on the Royal Family or attemps to harm them deserves, the death penalty or imprisonment for life.〃 161 ……………… One who is disrespectful to the Royal Family will be condemned to more than 6 months imprisonment with hard labour or penal servitude not exceeding 10 years.〃 162 ……………… One who defiles the Imperial tomb will be sentenced to more than 6 months’ imprisonment with hard labour or penal servitude not exceeding 10 years.Also one who is disrespectful for the tombs of the Royal Family deserves imprisonment with hard labour not exceeding 10 years.〃 164(sic) ……………… One who breaks into the Imperial Palace, the Imperial Garden (禁苑), the Imperial Villa (離宮) or the Emperor’s Temporary Quarters (行在所) will be condemned to more than 6 months’ imprisonment with hard labour or penal servitude not exceeding 7 years.What is Lese-majesty? Nowadays this word seems to be an obsolete one. Very rarely do we see or hear the word. But in pre-war days this was a repressive law in company with the Maintenance of the Public Order Act (治安維持法) to support the Tenno System (i.e. the Emperor System of Japan). The Meiji government thought much of enacting a penal code to maintain the public peace and order.Gustave Emile Boissonade (1825~1910), a legal professor of Sorbonne, Paris, was invited to Japan to codify laws among which the Criminal Procedure Act, the Civil Law and the Penal Code were included. It was Boissonade who first mapped out Lese-majesty for the Empire of Japan, however, his original drafts were thoroughly revised to adapt themselves to Japan’s state of affairs. Lese-majesty was finally codified after undergoing much revision in the 15th year of the Meiji (i.e. 1882). The law lasted for 67 years until it was abolished by the order of Douglas MacArthur (1880~1964), the Supreme Commander for the Allied Powers in 1947.The masses in Japan long felt oppressed by the Tenno System living under the heavy pressure of it until the end of the Pacific War. There was no way to appeal to a higher court once charged with Lese-majesty. People sometimes exploded with rage which had built up for many years against the Emperor. The Emperor and the Royal Family were living human beings on the earth just like the multitudes. They are not of a different race. However they live in ease and comfort by the taxes we pay and being protected by the government, whereas the mass of people live in poverty. The difference between commoners and those of noble origin influence on wealth and rank. But the common people know how to resign themselves to their lot accepting the situation.

著者

犬飼 和雄

出版者

法政大学社会学部学会

雑誌

社会労働研究 = Society and labour (ISSN:02874210)

巻号頁・発行日

vol.40, no.3・4, pp.212-233, 1994-02

著者

宮永 孝 Miyanaga Takashi

出版者

法政大学社会学部学会

雑誌

社会志林 (ISSN:13445952)

巻号頁・発行日

vol.60, no.4, pp.1-51, 2014-03

著者

中筋 直哉

出版者

法政大学社会学部学会

雑誌

社会志林 = Hosei journal of sociology and social sciences (ISSN:13445952)

巻号頁・発行日

vol.69, no.4, pp.119-133, 2023-03

著者

佐藤 成基

出版者

法政大学社会学部学会

雑誌

社会志林 = Hosei journal of sociology and social sciences (ISSN:13445952)

巻号頁・発行日

vol.65, no.2, pp.95-115, 2018-09

著者

佐藤 成基

出版者

法政大学社会学部学会

雑誌

社会志林 (ISSN:13445952)

巻号頁・発行日

vol.56, no.4, pp.93-126, 2010-03

著者

鈴木 智之

出版者

法政大学社会学部学会

雑誌

社会志林 = 社会志林 (ISSN:13445952)

巻号頁・発行日

vol.61, no.3, pp.23-53, 2014-12

著者

多喜 弘文

出版者

法政大学社会学部学会

雑誌

社会志林 = Hosei journal of sociology and social sciences (ISSN:13445952)

巻号頁・発行日

vol.69, no.4, pp.97-118, 2023-03

著者

鈴木 智之

出版者

法政大学社会学部学会

雑誌

社会志林 = Hosei journal of sociology and social sciences (ISSN:13445952)

巻号頁・発行日

vol.47, no.1, pp.1-31, 2000-09

著者

宮永 孝

出版者

法政大学社会学部学会

雑誌

社会志林 = Hosei journal of sociology and social sciences (ISSN:13445952)

巻号頁・発行日

vol.67, no.4, pp.1-73, 2021-03

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Japan closed the doors to the world for many centuries during which the Japanese were not allowed to leave the country. If they sailed for other countries, they would have been punished with death. However, when the Tokugawa goverment lost its power in its closing days, Choshu and Satsuma clans sent students by stealth to England to learn Western culture. 14 the Satsuma youths with superiors at the Kagoshima Kaiseijo (i.e. school for Western learning) left Hashima (羽島) harbour for HongKong on board the ship owned by Glover, the Scottish merchant in Nagasaki, on 17 April 1865.The students arrived in London on 21 June 1865 after leaving Hashima about two months before. The went into "South Kensington Hotel" located at Queen's Gate Terrace 19 at a pound (i.e. about 3 ryo) per person per day. The next day the party moved to an apartment house on Bayswater Road to take special training in English by hiring 3 teachers. The names of the English teachers are not known well, but one was named Barugh?, a Scot, and the others were proved to be Thomas Graham (1805~65), a retired Prof. of Chemistry at London, University College and a former Prof. of Political Economy, Jacob Waley, at the same college. They rented the entire sixth floor for about three months hiring a live-in teacher (i.e. Barugh) and a maid.The Satsuma students got up before 7 and had breakfast at 9. The English lessons (i.e. reading and conversation) were from 10 to 5. During recess, they saw the sights of London. But due to financial straits and in preparation for matriculation in the University College, the students were relocated, by pairs, to the private homes of professors of the University College. Mori and Takami were placed with a retired Prof. Thomas Graham of University College, residing at 4 Gordon Square, Bloomsbury, London.At the coming of the Michaelmas term, 14 the Satsuma students were admitted, under false names, to the faculty of Arts and Laws at University College. They were in reality irregular students. In regard to the lectures they attended, they took Analytical Chemistry by Prof. A. W. Williamson. The Students paid for the schooling £15. 15 per person, which amounted to some 300 ryo in Japanese currency, nowadays 30 million yen. They seemed to prefer chemical experiments to taking lectures due to the lack of English knowledge. The other possible subjects they took were unknown because many of the records of the University College were destroyed by air strikes during World War II.The booklet 'Mori Arinori' written by Kaimon Sanjin (i.e. 海門山人著『森 有礼』) which was published by Minyusha, in June in the 30th year of Meiji (i.e. 1897) tells about the subjects the Satsuma students studied in London. It says they studied history, chemistry, physics, and mathematics. Especially. Kinnojo (i.e. Mori) made remarkable progress in mathematics, covering simple arithmetic to spherical trigometry in two years. The author admires Mori's great ability though, we are unable to trace quotations to their original sources.On 23, August, "George and Emily" finally arrived at Kronstadt after leaving Tynemouth 16 days before. Mori and Takami watched the forts and the floating batteries with gneat curiosity and later visited the town. On the following day the Satsuma students proceeded to St. Petersburg accompanied by skipper Sample and checked into the "Hôtel de France", where they met a rich English merchant named Morgan. After that they visited the museum of Mining Academy by the side of the Neva.At about 7 P.M, they found out the lodgings of the Bakufu students meeting 6 of them. After exchanging good wishes, they were introduced to Kōsai Tachibana (1820~85, alias 'Yamatofu'), a former villain and fugitive from Japan, who worked as a translator in the Ministry of Foreign Affairs with a yearly salary of 500 roubles. This was a man with a past. He never disclosed his real name but seemed kindly-looking.On 25, August, Mori and Takami were invited to dinner by the Bakufu students and were entertained with 'Sobakiri' (i.e. buckwheat noodles). The next day they were invited to the villa of Sir Andrew Buchanan (1807~82, British ambassador-extraordinary to Russia) and were accorded a warm welcome. On 27, August, they were given a warm reception at Fosif A. Goshkevitchs, the former Hakodate Consul and his son, both of whom had good knowledge of Japanese. The next day they visited the American "Turret Ship", 'the most powerful warship in the world'.On 29, August, Mori and Takami visited the Imperial Winter Palace accompanied by Yamatofu. The following day they visited Peterhof under the guidance of Yamatofu viewing "Marly", a small two-storied house built in 1714 by Peter the Great, "Hermitage", a small house built by the same Emperor, and the "Palace of Peterhof" as well. In the forenoon of 31, August, Yamatofu introduced Mori and Takami to the Chief of Asean Affairs, Peter Stremohof, exchanging portraits and in the afternoon of the same day, they visited the villa of Mr.Morgan, where they met Admiral and Mme. Putiatin.On 1st, September, they visited the "Summer Garden", which was laid out in 1712 in the Franco-Dutch style and forms a long rectanguler about 37 acres in area and later trying to view the Small Palace of Peter the Great (i.e. a two-storied building erected in 1711 as a 'Summer Palace') in vain because the keeper was taking a nap.The next day Mori and Takami invited the Bakufu students and Goshkevitch and his son to dinner for gratitude, when Mori and Sakuzaemon Yamanouchi (1836~86, late in life, the owner of a pharmacy) exchanged a farewell poem of their own writing. On 3, September, the Satsuma students left Kronstadt for Kingston upon Hull on board a regular liner. The name of the ship remains unknown though, probably it was the most popular Hull boat named 'Emperor' (i.e. paddle-steamer) plying between Hull and Kronstadt in the 1800's.After voyaging 7 days, they arrived in Hull at about 3 P.M. on 10, September. Directly after landing they headed for London, arriving at King's Cross Station at about 10:30 P.M. with the feeling of having come home to their own country.Mori's observations on Kronstadt and St. Petersburg.Arrving at Kronstadt, Mori noticed in and around Kotlin island there were many merchant ships, naval vessels, forts (i.e. '墩' ton), and floating batteries (i.e. '礟門' houmon). Kotlin seemed to him 'a natural stronghold'. Actually the island worked as an outpost for the Capital, Russia. It is located some 20 kilometers west of St. Petersburg. The Russian Capital was not easy to apporoach by big ships because of the shallows in the Gulf of Finland. Small ships had to use fixed sea routes. People on the Kotlin and in the Capital used the saltless water in the Gulf, so cholera epidemic prevailed. The population of Kotlin was 37000 (some 25000 were on garrison duty).What Mori and Takami viewed in the town of Kotlin were : the Admiralty, Observatory, the bust of the Peter the Great, Summer Garden, lookout platform, messhall, and resting place for the Royal Family etc. In winter the island is frozen over, the ships navigate 3 searoutes breaking the ice. When summer comes, the island recovers consciousness becoming active.The most useful informant for Mori respecting the things in St. Petersburg was Kōsai Tachibana, alias Yamatofu, from whom Mori obtained valuable information on the whole condition of the country (i.e. history, geography, manners and customs, trade, the national character, and the states of armaments etc). Mori knew well that Russia was not a strong nation but a weak one albeit had most land in the world. He knew also that it was an absolute monarchy with territorial ambitions.Since its expansionism was known to all, Mori abstained from fishing any information on it for fear of spies. He was amazed at seeing a great number of soldiers in the Capital. The number of soldiers in Russia was the reason for being disliked by other nations. In Mori's view, Russians were devote believer in religion, however, he was informed that two social evils were thriving in Russia : one was claiming a fortune and the other was illicit intercourses with women. People were tainted by immoral deeds.He discovered that this country was behind the other advanced nations in terms of military affairs, medicine, and sciences. But he thought that by ruling wisely, the reforms of Czar Alexander II would reclaim the country from savagery. Mori noticed also that Russians were honest, gentle, and unpolished on the whole. Despite his great interest in politics in Russia, he refrained from gaining information on it. Because the laws and politics in this country were so harsh that he followed kind advice before leaving England.